Part II. Emission Standards
Article 1
Standards of Performance for Visible Emissions and Fugitive Dust/Emissions (Rule 5-1)
9VAC5-50-60. Applicability and designation of affected facility.
Article 1
Standards of Performance for Visible Emissions and Fugitive Dust/Emissions (Rule 5-1)
A. Except as provided in subsection C of this section, the affected facilities to which the provisions of this article apply are the following:
1. Each source of visible emissions; and
2. Each source of fugitive dust/emissions.
B. The provisions of this article apply throughout the Commonwealth of Virginia.
C. The provisions of this article do not apply to any source type subject to the designated standards of performance in 9VAC5-50-410 or subject to the designated emission standards in 9VAC5-60-70, or both, provided these standards include a visible emission standard.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0101, eff. January 1, 1985.
9VAC5-50-70. Definitions.
A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.
B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.
C. Terms defined.
"Fugitive dust" means particulate matter composed of soil or other materials of natural origin, or both. Fugitive dust may include emissions from haul roads, wind erosion of exposed surfaces and storage piles and other activities in which the material is either removed, stored, transported or redistributed.
"Fugitive emissions" means emissions which are generated by industrial or other activities and which do not pass through a stack, chimney, vent or other functionally equivalent opening, but which may escape from openings (such as windows, doors, ill-fitting closures or poorly maintained equipment) or material handling equipment.
"Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background, expressed as a percentage.
"Six-minute period" means any one of the 10 equal parts of one hour or a one-hour period, as may be applicable.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0102, eff. January 1, 1985.
9VAC5-50-80. Standard for visible emissions.
Unless specified otherwise in this part, on or after the date on which the performance test required to be conducted by 9VAC5-50-30 is completed, no owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any visible emissions which exhibit greater that 20% opacity, except for one six-minute period in any one hour of not more than 30% opacity. Failure to meet the requirements of this section because of the presence of water vapor shall not be a violation of this section.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0103, eff. January 1, 1985.
9VAC5-50-90. Standard for fugitive dust/emissions.
During the construction, modification or operation phase of a stationary source or any other building, structure, facility or installation, no owner or other person shall cause or permit any materials or property to be handled, transported, stored, used, constructed, altered, repaired or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. Such reasonable precautions may include, but are not limited, to the following:
1. Used, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads or the clearing of land;
2. Application of asphalt, water, or suitable chemicals on dirt roads, materials stockpiles and other surfaces which may create airborne dust; the paving of roadways and the maintaining of them in a clean condition;
3. Installation and use of hoods, fans and fabric filters to enclose and vent the handling of dusty materials. Adequate containment methods shall be employed during sandblasting or other similar operations;
4. Open equipment for conveying or transporting materials likely to create objectionable air pollution when airborne shall be covered, or treated in an equally effective manner at all times when in motion; and
5. The prompt removal of spilled or tracked dirt or other materials from paved streets and of dried sediments resulting from soil erosion.
Statutory Authority
§ 10.1-1308 of the Code of Virginia and §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.
Historical Notes
Derived from VR120-05-0104, eff. January 1, 1985; amended, Virginia Register Volume 19, Issue 6, eff. February 1, 2003.
9VAC5-50-100. Monitoring.
A. Unless otherwise approved by the board, all continuous monitoring systems required by this article shall be installed, calibrated, maintained and operated in accordance with applicable requirements in 9VAC5-50-40 and 9VAC5-40-41.
B. Each owner required to install a continuous monitoring system shall provide notifications and reports and maintain records and monitoring results in accordance with the requirements of 9VAC5-50-50.
C. In cases where the requirements of 9VAC5-50-40 and 9VAC5-40-41 are not appropriate for a particular source type, the owner shall comply with other procedures acceptable to the board.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0105, eff. January 1, 1985.
9VAC5-50-110. Test methods and procedures.
The provisions of 9VAC5-50-20 A 2 apply to determine compliance with the standard prescribed in 9VAC5-50-80.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0106, eff. January 1, 1985.
9VAC5-50-120. Waivers.
A. A waiver from the opacity emission limitation in 9VAC5-50-80 may be granted by the director, provided that a technical decision is reached that the plume opacity observations made in accordance with 9VAC5-50-20 A 2 and 9VAC5-50-110 are not representative of the pollutant loading of the plume.
B. Upon granting the above waiver, the director shall require one or more alternate source surveillance methods, which may include, but are not limited to, the following:
1. Requiring the owner to install, calibrate, maintain and operate systems for continuously monitoring and recording emissions of specified pollutants in accordance with 9VAC5-50-40 and 9VAC5-50-100;
2. Requiring the owner to conduct, at specified intervals, performance tests for measuring emissions of specified pollutants in accordance with 9VAC5-50-30; and
3. Establishing an opacity emission limitation for the facility based on a correlation between performance tests of visible and other specified pollutant emissions.
C. The waiver may be granted for an indefinite period of time; however, approval may be withdrawn by the director:
1. For failure to adhere to any terms or conditions of the waiver;
2. If the affected facility is found to be in violation of any applicable standard of performance; or
3. For failure to conduct or adhere to any alternate source surveillance method required for waiver approval.
Statutory Authority
§ 10.1-1308 of the Code of Virginia and §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 CFR Parts 51 and 60).
Historical Notes
Derived from VR120-05-0107, eff. January 1, 1985; amended, Virginia Register Volume 19, Issue 6, eff. February 1, 2003.
Article 2
Standards of Performance for Odorous Emissions (Rule 5-2)
9VAC5-50-130. Applicability and designation of affected facility.
Article 2
Standards of Performance for Odorous Emissions (Rule 5-2)
A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each facility that emits odor.
B. The provisions of this article apply throughout the Commonwealth of Virginia.
C. The provisions of this article do not apply to accidental or infrequent emissions of odors.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0201, eff. January 1, 1985.
9VAC5-50-140. Standard for odorous emissions.
A. The owner shall use the best available control technology as approved by the board for the control of odorous emissions.
B. No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility and odorous emissions in excess of that resultant from using best available control technology, as reflected in any condition that may be placed upon the permit approval for the facility.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0203, eff. January 1, 1985.
9VAC5-50-150. Determination of violation.
A. The determination of violation shall be made after a thorough review of all data or evidence relating to the situation which may be obtained by an investigation directed by the board. As a part of the investigation, the board, at its discretion, may hold a public hearing in accordance with 9VAC5-20-40 A 1 to hear complaints. The investigation may also include use of an odor panel survey or other methods approved by the board, or both.
B. If the discharge of odorous emissions is due to the failure of the owner or other person to meet any conditions of a permit issued under 9VAC5 Chapter 80 (9VAC5-80-10 et seq.), the board will automatically consider the emissions to be in violation of 9VAC5-50-140 and proceed accordingly.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0204, eff. January 1, 1985.
Article 3
Standards of Performance for Toxic Pollutants (Rule 5-3) [Repealed]
9VAC5-50-160. (Repealed.)
Article 3
Standards of Performance for Toxic Pollutants (Rule 5-3) [Repealed]
Historical Notes
Derived from VR120-05-0301, eff. October 15, 1991; repealed, Virginia Register Volume 18, Issue 14, eff. May 1, 2002.
Article 4
Standards of Performance for Stationary Sources (Rule 5-4)
9VAC5-50-240. Applicability and designation of affected facility.
Article 4
Standards of Performance for Stationary Sources (Rule 5-4)
A. The affected facilities at stationary sources to which the provisions of this article apply are emissions units that are subject to the new source review program.
B. The provisions of this article apply throughout the Commonwealth of Virginia.
C. The provisions of this article apply to any regulated air pollutant except to the extent that it is regulated under 9VAC5-60 (Hazardous Air Pollutant Sources). However, the exemption provided by this subsection does not extend to other properties of the exempted pollutants that may require regulation under 9VAC5-40 (Existing Stationary Sources) or 9VAC5-50 (New and Modified Stationary Sources).
Statutory Authority
§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 112, 165, 173, 182, and Title V) 40 CFR Parts 51, 61, 63, 70, and 72.
Historical Notes
Derived from VR120-05-0401, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. September 1, 2002; Volume 29, Issue 3, eff. November 7, 2012.
9VAC5-50-250. Definitions.
A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section.
B. Unless otherwise required by context, all terms not defined herein shall have the meanings given them in 9VAC5-80 (Permits for Stationary Sources), 9VAC5-10 (General Definitions), or commonly ascribed to them by recognized authorities, in that order of priority.
C. Terms defined.
"Best available control technology" or "BACT" means, as used in 9VAC5-50-260, an emissions limitation (including a visible emission standard) based on the maximum degree of emission reduction for any pollutant which would be emitted from a new stationary source or project which the board, on a case-by-case basis, taking into account energy, environmental and economic impacts and other costs, determines is achievable for the new stationary source or project through the application of production processes or available methods, systems and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard in Article 5 (9VAC5-50-400 et seq.) of this part or Article 1 (9VAC5-60-60 et seq.) or Article 2 (9VAC5-60-90 et seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant Sources). If the board determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emission standard infeasible, a design, equipment, work practice, operational standard, or combination of them, may be prescribed instead of requiring the application of best available control technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. In determining best available control technology for stationary sources subject to Article 6 (9VAC5-80-1100 et seq.) of Part II of 9VAC5-80 (Permits for Stationary Sources), consideration shall be given to the nature and amount of the emissions, emission control efficiencies achieved in the industry for the source type, total cost effectiveness, and where appropriate, the cost effectiveness of the incremental emissions reduction achieved between control alternatives.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; Clean Air Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61, 63, 70 and 72.
Historical Notes
Derived from VR120-05-0402, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. September 1, 2002; Volume 22, Issue 23, eff. September 1, 2006; Volume 29, Issue 3, eff. November 7, 2012.
9VAC5-50-260. Standard for stationary sources.
A. No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any emissions in excess of emissions limitations representing best available control technology, as reflected in any term or condition that may be placed upon the minor NSR permit approval for the facility.
B. A new stationary source shall apply best available control technology for each regulated pollutant for which there would be an uncontrolled emission rate equal to or greater than the levels in 9VAC5-80-1105 C. For a new stationary source, a permit may be issued pursuant to Article 6 (9VAC5-80-1100 et seq.) of Part II of 9VAC5-80 (Permits for Stationary Sources) containing such terms and conditions as may be necessary to implement a best available control technology determination for any regulated air pollutant that may be emitted from any affected emissions unit.
C. A project shall apply best available control technology for each regulated pollutant for which there would be an increase in the uncontrolled emission rate equal to or greater than the levels in 9VAC5-80-1105 D. This requirement applies to each affected emissions unit in the project. For a project, a permit may be issued pursuant to Article 6 (9VAC5-80-1100 et seq.) of Part II of 9VAC5-80 (Permits for Stationary Sources) containing such terms and conditions as may be necessary to implement a best available control technology determination for any regulated air pollutant emitted, or that may be emitted, from any affected emissions unit.
D. For the phased construction of new stationary sources or projects, the BACT determination shall be reviewed and modified, as appropriate, at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the new stationary source or project. At such time, the owner of the applicable stationary source or project may be required to demonstrate the adequacy of any previous BACT determination for the affected emissions units.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 112, 165, 173, 182, and Title V) 40 CFR Parts 51, 61, 63, 70, and 72.
Historical Notes
Derived from VR120-05-0403, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. September 1, 2002; Volume 29, Issue 3, eff. November 7, 2012.
9VAC5-50-270. Standard for major stationary sources (nonattainment areas).
A. For major stationary sources located in nonattainment areas, no owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any emissions in excess of that resultant from the lowest achievable emission rate, as reflected in any condition that may be placed upon the permit approval for the facility.
B. A major stationary source shall apply lowest achievable emission rate for each regulated NSR pollutant (as defined in 9VAC5-80-2010) that it would emit.
C. A major modification shall apply the lowest achievable emission rate to each new or modified emission unit which would increase the emissions of a regulated NSR pollutant.
D. In the case of a reconstruction, the determination of lowest achievable emission rate shall take into account any economic or technical limitations on compliance with applicable standards of performance (as specified in Article 5 (9VAC5-50-400 et seq.) of this chapter) which are inherent in the proposed replacements.
E. For phased construction projects, the determination of lowest achievable emission rate shall be reviewed, and modified as appropriate, at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of lowest achievable emission rate for the source.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; Clean Air Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61, 63, 70 and 72.
Historical Notes
Derived from VR120-05-0404, eff. January 1, 1985; amended, Virginia Register Volume 22, Issue 23, eff. September 1, 2006.
9VAC5-50-280. Standard for major stationary sources (prevention of significant deterioration areas).
A. For major stationary sources located in prevention of significant deterioration areas, no owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any emissions in excess of that resultant from using best available control technology, as reflected in any condition that may be placed upon the permit approval for the facility.
B. A major stationary source shall apply best available control technology for each regulated NSR pollutant (as defined in 9VAC5-80-1615) that it would have the potential to emit in significant amounts.
C. A major modification shall apply best available control technology for each regulated NSR pollutant for which it would result in a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of physical change or change in the method of operation in the unit.
D. For phased construction projects, the determination of best available control technology shall be reviewed, and modified as appropriate, at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for the source.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; Clean Air Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61, 63, 70 and 72.
Historical Notes
Derived from VR120-05-0405, eff. January 1, 1985; amended, Virginia Register Volume 22, Issue 23, eff. September 1, 2006.
9VAC5-50-290. Standard for visible emissions.
The provisions of Article 1 (9VAC5-50-60 et seq.) of this chapter (Standards of Performance for Visible Emissions and Fugitive Dust/Emissions, Rule 5-1) apply.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0406, eff. January 1, 1985.
9VAC5-50-300. Standard for fugitive dust/emissions.
The provisions of Article 1 (9VAC5-50-60 et seq.) of this chapter (Standards of Performance for Visible Emissions and Fugitive Dust/Emissions, Rule 5-1) apply.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0407, eff. January 1, 1985.
9VAC5-50-310. Standard for odor.
The provisions of Article 2 (9VAC5-50-130 et seq.) of this chapter (Emission Standards for Odorous Emissions, Rule 5-2) apply.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0408, eff. January 1, 1985.
9VAC5-50-320. Standard for toxic pollutants.
The provisions of Article 5 (9VAC5-60-300 et seq.) of 9VACChapter 60 (Emissions Standards for Toxic Pollutants from New and Modified Sources, Rule 6-5) apply.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0409, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. September 1, 2002.
9VAC5-50-330. Compliance.
A. The provisions of 9VAC5-50-20 (Compliance) apply.
B. Nothing in this rule is intended to relieve any owner or other person from complying with any applicable standards or requirements contained in this part or other parts.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0410, eff. January 1, 1985.
9VAC5-50-340. Test methods and procedures.
The provisions of 9VAC5-50-30 (Emission Testing) apply.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0411, eff. January 1, 1985.
9VAC5-50-350. Monitoring.
The provisions of 9VAC5-50-40 (Monitoring) apply.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0412, eff. January 1, 1985.
9VAC5-50-360. Notification, records and reporting.
The provisions of 9VAC5-50-50 (Notification, Records and Reporting) apply.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0413, eff. January 1, 1985.
9VAC5-50-370. Registration.
The provisions of 9VAC5-20-160 (Registration) apply.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0414, eff. January 1, 1985.
9VAC5-50-380. Facility and control equipment maintenance or malfunction.
The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.
Statutory Authority
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0415, eff. January 1, 1985.
9VAC5-50-390. Permits.
A permit may be required prior to beginning any of the activities specified below if the provisions of this chapter and 9VAC5 Chapter 80 (9VAC5-80) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.
1. Construction of a facility.
2. Reconstruction (replacement of more than half) of a facility.
3. Modification (any physical change to equipment) of a facility.
4. Relocation of a facility.
5. Reactivation (restart-up) of a facility.
6. Operation of a facility.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from VR120-05-0416, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. September 1, 2002.
Article 5
Environmental Protection Agency Standards of Performance for New Stationary Sources (Rule 5‑5)
9VAC5-50-400. General.
The U.S. Environmental Protection Agency Regulations on Standards of Performance for New Stationary Sources (NSPSs), as promulgated in 40 CFR Part 60 and designated in 9VAC5-50-410 are, unless indicated otherwise, incorporated by reference into the regulations of the board as amended by the word or phrase substitutions given in 9VAC5-50-420. The complete text of the subparts in 9VAC5-50-410 incorporated in this regulation by reference is contained in 40 CFR Part 60. The 40 CFR section numbers appearing under each subpart in 9VAC5-50-410 identify the specific provisions of the subpart incorporated by reference. The specific version of the provision adopted by reference shall be that contained in the CFR (2022) in effect July 1, 2022. In making reference to the Code of Federal Regulations, 40 CFR Part 60 means Part 60 of Title 40 of the Code of Federal Regulations; 40 CFR 60.1 means 60.1 in Part 60 of Title 40 of the Code of Federal Regulations.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.
Historical Notes
Derived from VR120-05-0501, eff. April 1, 1988; amended, Virginia Register Volume 12, Issue 3, eff. December 1, 1995; Volume 13, Issue 14, eff. May 1, 1997; Volume 14, Issue 11, eff. April 1, 1998; Volume 15, Issue 12, eff. April 1, 1999; Volume 16, Issue 14, eff. May 1, 2000; Volume 17, Issue 15, eff. June 1, 2001; Volume 18, Issue 7, eff. February 1, 2002; Volume 19, Issue 6, eff. February 1, 2003; Volume 20, Issue 16, eff. June 1, 2004; Volume 21, Issue 7, eff. January 12, 2005; Volume 22, Issue 4, eff. December 1, 2005; Volume 23, Issue 17, eff. June 1, 2007; Volume 24, Issue 5, eff. December 12, 2007; Volume 25, Issue 12, eff. March 18, 2009; Volume 26, Issue 8, eff. January 20, 2010; Volume 27, Issue 11, eff. March 2, 2011; Volume 28, Issue 10, eff. February 15, 2012; Volume 29, Issue 10, eff. February 13, 2013; Volume 30, Issue 10, eff. July 1, 2014; Volume 31, Issue 12, eff. March 11, 2015; Volume 31, Issue 23, eff. August 12, 2015; Volume 33, Issue 10, eff. February 22, 2017; Volume 34, Issue 11, eff. February 21, 2018; Volume 35, Issue 11, eff. February 20, 2019; Volume 36, Issue 12, eff. March 4, 2020; Volume 37, Issue 4, eff. November 11, 2020; Volume 39, Issue 13, eff. March 15, 2023.
9VAC5-50-405. Authority to implement and enforce standards as authorized by EPA.
A. This article provides the legally enforceable mechanism to facilitate the Commonwealth's obligation to implement and enforce the federal NSPSs as state requirements.
B. The Commonwealth's delegated authority to implement and enforce the standards designated in 9VAC5-50-410 as authorized by EPA is identified in the documents specified in subdivisions 1 through 5 of this subsection. The Commonwealth's delegated authority extends only to the source categories and pollutants identified in the documents and is subject to the provisions, conditions, and limitations set forth in the following documents:
1. Letter from Daniel J. Snyder dated December 30, 1975.
2. Federal Register notice dated February 26, 1976 (41 FR 8416).
3. Letter from Thomas C. Voltaggio dated July 22, 1981.
4. Federal Register notice dated August 27, 1981 (46 FR 43300).
5. Letter from W. Ray Cunningham dated July 2, 1985.
C. In its delegation notices and letters, EPA automatically delegated to the Commonwealth the authority to implement and enforce future NSPS requirements if the Commonwealth legally adopted the requirements, informed EPA that it intended to enforce the standards in accordance with the terms of the delegation, and met other conditions. The latest letter that the Commonwealth submitted to obtain authority to implement and enforce additional requirements is available for examination as provided in subsection D of this section.
D. Copies of the documents cited in subsections B and C of this section may be examined by the public at the central office of the Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, Virginia between 8:30 a.m. and 4:30 p.m. of each business day.
E. The documents cited in subsection B of this section establish the terms of the delegation to the Commonwealth to implement and enforce the federal NSPSs as authorized by EPA. As such, the documents place requirements upon the Commonwealth, not the affected facilities; thus the documents are not being incorporated by reference into the regulations of the board but are being cited for information purposes only.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; and 40 CFR Parts 51 and 60.
Historical Notes
Derived from Virginia Register Volume 20, Issue 16, eff. June 1, 2004; amended, Virginia Register Volume 34, Issue 13, eff. February 19, 2018.
9VAC5-50-410. Designated standards of performance.
Subpart A - General Provisions.
40 CFR 60.1 through 40 CFR 60.3, 40 CFR 60.7, 40 CFR 60.8, 40 CFR 60.11 through 40 CFR 60.15, 40 CFR 60.18 through 40 CFR 60.19
(applicability, definitions, units and abbreviations, notification and recordkeeping, performance tests, compliance, circumvention, monitoring requirements, modification, reconstruction, general control device requirements, and general notification and reporting requirements)
Subpart B - Not applicable.
Subpart C - Not applicable.
Subpart Ca - Reserved.
Subpart Cb - Not applicable.
Subpart Cc - Not applicable.
Subpart Cd - Not applicable.
Subpart Ce - Not applicable.
Subpart D - Fossil Fuel-Fired Steam Generators.
40 CFR 60.40 through 40 CFR 60.46
(fossil fuel-fired steam generating units of more than 250 million Btu per hour heat input rate and fossil fuel-fired and wood residue-fired steam generating units capable of firing fossil fuel at a heat input rate of more than 250 million Btu per hour)
Subpart Da - Electric Utility Steam Generating Units.
40 CFR 60.40Da through 40 CFR 60.52Da
(electric utility steam generating units capable of combusting more than 250 million Btu per hour heat input of fossil fuel (either alone or in combination with any other fuel), and for which construction, reconstruction, or modification is commenced after September 18, 1978)
Subpart Db - Industrial-Commercial-Institutional Steam Generating Units.
40 CFR 60.40b through 40 CFR 60.49b
(industrial-commercial-institutional steam generating units which have a heat input capacity from combusted fuels of more than 100 million Btu per hour)
Subpart Dc - Small Industrial-Commercial-Institutional Steam Generating Units.
40 CFR 60.40c through 40 CFR 60.48c
(industrial-commercial-institutional steam generating units which have a heat input capacity of 100 million Btu per hour or less, but greater than or equal to 10 million Btu per hour)
Subpart E - Incinerators.
40 CFR 60.50 through 40 CFR 60.54
(incinerator units of more than 50 tons per day charging rate)
Subpart Ea - Municipal Waste Combustors for which Construction is Commenced after December 20, 1989, and on or before September 20, 1994.
40 CFR 60.50a through 40 CFR 60.59a
(municipal waste combustor units with a capacity greater than 250 tons per day of municipal-type solid waste or refuse-derived fuel)
Subpart Eb - Large Municipal Combustors for which Construction is Commenced after September 20, 1994, or for which Modification or Reconstruction is Commenced after June 19, 1996.
40 CFR 60.50b through 40 CFR 60.59b
(municipal waste combustor units with a capacity greater than 250 tons per day of municipal-type solid waste or refuse-derived fuel)
Subpart Ec - Hospital/Medical/Infectious Waste Incinerators for which Construction is Commenced after June 20, 1996.
40 CFR 60.50c through 40 CFR 60.58c
(hospital/medical/infectious waste incinerators that combust any amount of hospital waste and medical/infectious waste or both)
Subpart F - Portland Cement Plants.
40 CFR 60.60 through 40 CFR 60.66
(kilns, clinker coolers, raw mill systems, finish mill systems, raw mill dryers, raw material storage, clinker storage, finished product storage, conveyor transfer points, bagging and bulk loading and unloading systems)
Subpart G - Nitric Acid Plants.
40 CFR 60.70 through 40 CFR 60.74
(nitric acid production units)
Subpart Ga - Nitric Acid Plants for which Construction, Reconstruction, or Modification Commenced after October 14, 2011.
40 CFR 60.70a through 40 CFR 60.77a
(nitric acid production units producing weak nitric acid by either the pressure or atmospheric pressure process)
Subpart H - Sulfuric Acid Plants.
40 CFR 60.80 through 40 CFR 60.85
(sulfuric acid production units)
Subpart I - Hot Mix Asphalt Facilities.
40 CFR 60.90 through 40 CFR 60.93
(dryers; systems for screening, handling, storing and weighing hot aggregate; systems for loading, transferring and storing mineral filler; systems for mixing asphalt; and the loading, transfer and storage systems associated with emission control systems)
Subpart J - Petroleum Refineries.
40 CFR 60.100 through 40 CFR 60.106
(fluid catalytic cracking unit catalyst regenerators, fluid catalytic cracking unit incinerator-waste heat boilers and fuel gas combustion devices)
Subpart Ja - Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced after May 14, 2007.
40 CFR 60.100a through 40 CFR 60.109a
(fluid catalytic cracking units, fluid coking units, delayed coking units, fuel gas combustion devices, including flares and process heaters, and sulfur recovery plants)
Subpart K - Storage Vessels for Petroleum Liquids for which Construction, Reconstruction, or Modification Commenced after June 11, 1973, and prior to May 19, 1978.
40 CFR 60.110 through 40 CFR 60.113
(storage vessels with a capacity greater than 40,000 gallons)
Subpart Ka - Storage Vessels for Petroleum Liquids for which Construction, Reconstruction, or Modification Commenced after May 18, 1978, and prior to July 23, 1984.
40 CFR 60.110a through 40 CFR 60.115a
(storage vessels with a capacity greater than 40,000 gallons)
Subpart Kb - Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or Modification Commenced after July 23, 1984.
40 CFR 60.110b through 40 CFR 60.117b
(storage vessels with capacity greater than or equal to 10,566 gallons)
Subpart L - Secondary Lead Smelters.
40 CFR 60.120 through 40 CFR 60.123
(pot furnaces of more than 550 pound charging capacity, blast (cupola) furnaces and reverberatory furnaces)
Subpart M - Secondary Brass and Bronze Production Plants.
40 CFR 60.130 through 40 CFR 60.133
(reverberatory and electric furnaces of 2205 pound or greater production capacity and blast (cupola) furnaces of 550 pounds per hour or greater production capacity)
Subpart N - Primary Emissions from Basic Oxygen Process Furnaces for which Construction is Commenced after June 11, 1973.
40 CFR 60.140 through 40 CFR 60.144
(basic oxygen process furnaces)
Subpart Na - Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for which Construction is Commenced after January 20, 1983.
40 CFR 60.140a through 40 CFR 60.145a
(facilities in an iron and steel plant: top-blown BOPFs and hot metal transfer stations and skimming stations used with bottom-blown or top-blown BOPFs)
Subpart O - Sewage Treatment Plants.
40 CFR 60.150 through 40 CFR 60.154
(incinerators that combust wastes containing more than 10% sewage sludge (dry basis) produced by municipal sewage treatment plants or incinerators that charge more than 2205 pounds per day municipal sewage sludge (dry basis))
Subpart P - Primary Copper Smelters.
40 CFR 60.160 through 40 CFR 60.166
(dryers, roasters, smelting furnaces, and copper converters)
Subpart Q - Primary Zinc Smelters.
40 CFR 60.170 through 40 CFR 60.176
(roasters and sintering machines)
Subpart R - Primary Lead Smelters
40 CFR 60.180 through 40 CFR 60.186
(sintering machines, sintering machine discharge ends, blast furnaces, dross reverberatory furnaces, electric smelting furnaces and converters)
Subpart S - Primary Aluminum Reduction Plants.
40 CFR 60.190 through 40 CFR 60.195
(potroom groups and anode bake plants)
Subpart T - Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants.
40 CFR 60.200 through 40 CFR 60.205
(reactors, filters, evaporators, and hot wells)
Subpart U - Phosphate Fertilizer Industry: Superphosphoric Acid Plants.
40 CFR 60.210 through 40 CFR 60.215
(evaporators, hot wells, acid sumps, and cooling tanks)
Subpart V - Phosphate Fertilizer Industry: Diammonium Phosphate Plants.
40 CFR 60.220 through 40 CFR 60.225
(reactors, granulators, dryers, coolers, screens, and mills)
Subpart W - Phosphate Fertilizer Industry: Triple Superphosphate Plants.
40 CFR 60.230 through 40 CFR 60.235
(mixers, curing belts (dens), reactors, granulators, dryers, cookers, screens, mills, and facilities which store run-of-pile triple superphosphate)
Subpart X - Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities.
40 CFR 60.240 through 40 CFR 60.245
(storage or curing piles, conveyors, elevators, screens and mills)
Subpart Y - Coal Preparation and Processing Plants.
40 CFR 60.250 through 40 CFR 60.258
(plants which process more than 200 tons per day: thermal dryers, pneumatic coal-cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers), coal storage systems, and coal transfer and loading systems)
Subpart Z - Ferroalloy Production Facilities.
40 CFR 60.260 through 40 CFR 60.266
(electric submerged arc furnaces which produce silicon metal, ferrosilicon, calcium silicon, silicomanganese zirconium, ferrochrome silicon, silvery iron, high-carbon ferrochrome, charge chrome, standard ferromanganese, silicomanganese, ferromanganese silicon or calcium carbide; and dust-handling equipment)
Subpart AA - Steel Plants: Electric Arc Furnaces Constructed after October 21, 1974, and on or before August 17, 1983.
40 CFR 60.270 through 40 CFR 60.276
(electric arc furnaces and dust-handling systems that produce carbon, alloy or specialty steels)
Subpart AAa - Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed after August 17, 1983.
40 CFR 60.270a through 40 CFR 60.276a
(electric arc furnaces, argon-oxygen decarburization vessels, and dust-handling systems that produce carbon, alloy, or specialty steels)
Subpart BB - Kraft Pulp Mills.
40 CFR 60.280 through 40 CFR 60.285
(digester systems, brown stock washer systems, multiple effect evaporator systems, black liquor oxidation systems, recovery furnaces, smelt dissolving tanks, lime kilns, condensate strippers and kraft pulping operations)
Subpart BBa - Kraft Pulp Mill Affected Sources for which Construction, Reconstruction, or Modification Commenced after May 23, 2013.
40 CFR 60.280a through 40 CFR 60.288a
(digester systems, brown stock washer systems, multiple effect evaporator systems, black liquor oxidation systems, recovery furnaces, smelt dissolving tanks, lime kilns, condensate strippers, and kraft pulping operations)
Subpart CC - Glass Manufacturing Plants.
40 CFR 60.290 through 40 CFR 60.296
(glass melting furnaces)
Subpart DD - Grain Elevators.
40 CFR 60.300 through 40 CFR 60.304
(grain terminal elevators/grain storage elevators: truck unloading stations, truck loading stations, barge and ship unloading stations, barge and ship loading stations, railcar unloading stations, railcar loading stations, grain dryers, and all grain handling operations)
Subpart EE - Surface Coating of Metal Furniture.
40 CFR 60.310 through 40 CFR 60.316
(metal furniture surface coating operations in which organic coatings are applied)
Subpart FF - Reserved.
Subpart GG - Stationary Gas Turbines.
40 CFR 60.330 through 40 CFR 60.335
(stationary gas turbines with a heat input at peak load equal to or greater than 10 million Btu per hour, based on the lower heating value of the fuel fired)
Subpart HH - Lime Manufacturing Plants.
40 CFR 60.340 through 40 CFR 60.344
(each rotary lime kiln)
Subparts II through JJ - Reserved.
Subpart KK - Lead-Acid Battery Manufacturing Plants.
40 CFR 60.370 through 40 CFR 60.374
(lead-acid battery manufacturing plants that produce or have the design capacity to produce in one day (24 hours) batteries containing an amount of lead equal to or greater than 6.5 tons: grid casting facilities, paste mixing facilities, three-process operation facilities, lead oxide manufacturing facilities, lead reclamation facilities, and other lead-emitting operations)
Subpart LL - Metallic Mineral Processing Plants.
40 CFR 60.380 through 40 CFR 60.386
(each crusher and screen in open-pit mines; each crusher, screen, bucket elevator, conveyor belt transfer point, thermal dryer, product packaging station, storage bin, enclosed storage area, truck loading station, truck unloading station, railcar loading station, and railcar unloading station at the mill or concentrator with the following exceptions. All facilities located in underground mines are exempted from the provisions of this subpart. At uranium ore processing plants, all facilities subsequent to and including the beneficiation of uranium ore are exempted from the provisions of this subpart)
Subpart MM - Automobile and Light Duty Truck Surface Coating Operations.
40 CFR 60.390 through 40 CFR 60.397
(prime coat operations, guide coat operations, and top-coat operations)
Subpart NN - Phosphate Rock Plants.
40 CFR 60.400 through 40 CFR 60.404
(phosphate rock plants which have a maximum plant production capacity greater than four tons per hour: dryers, calciners, grinders, and ground rock handling and storage facilities, except those facilities producing or preparing phosphate rock solely for consumption in elemental phosphorous production)
Subpart OO - Reserved.
Subpart PP - Ammonium Sulfate Manufacture.
40 CFR 60.420 through 40 CFR 60.424
(ammonium sulfate dryer within an ammonium sulfate manufacturing plant in the caprolactam by-product, synthetic, and coke oven by-product sectors of the ammonium sulfate industry)
Subpart QQ - Graphic Arts Industry: Publication Rotogravure Printing.
40 CFR 60.430 through 40 CFR 60.435
(publication rotogravure printing presses, except proof presses)
Subpart RR - Pressure Sensitive Tape and Label Surface Coating Operations.
40 CFR 60.440 through 40 CFR 60.447
(pressure sensitive tape and label material coating lines)
Subpart SS - Industrial Surface Coating: Large Appliances.
40 CFR 60.450 through 40 CFR 60.456
(surface coating operations in large appliance coating lines)
Subpart TT - Metal Coil Surface Coating.
40 CFR 60.460 through 40 CFR 60.466
(metal coil surface coating operations: each prime coat operation, each finish coat operation, and each prime and finish coat operation combined when the finish coat is applied wet on wet over the prime coat and both coatings are cured simultaneously)
Subpart UU - Asphalt Processing and Asphalt Roofing Manufacture.
40 CFR 60.470 through 40 CFR 60.474
(each saturator and each mineral handling and storage facility at asphalt roofing plants; and each asphalt storage tank and each blowing still at asphalt processing plants, petroleum refineries, and asphalt roofing plants)
Subpart VV - Equipment Leaks of Volatile Organic Compounds in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced after January 5, 1981, and on or before November 7, 2006.
40 CFR 60.480 through 40 CFR 60.489
(all equipment within a process unit in a synthetic organic chemicals manufacturing plant)
Subpart VVa - Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced after November 7, 2006.
40 CFR 60.480a through 40 CFR 60.489a
(all equipment within a process unit in a synthetic organic chemicals manufacturing plant)
Subpart WW - Beverage Can Surface Coating Industry.
40 CFR 60.490 through 40 CFR 60.496
(beverage can surface coating lines: each exterior base coat operation, each overvarnish coating operation, and each inside spray coating operation)
Subpart XX - Bulk Gasoline Terminals.
40 CFR 60.500 through 40 CFR 60.506
(total of all loading racks at a bulk gasoline terminal which deliver liquid product into gasoline tank trucks)
Subparts YY through ZZ - Reserved.
Subpart AAA - New Residential Wood Heaters.
40 CFR 60.530 through 40 CFR 60.539b
(NOTE: In accordance with Chapter 471 of the 2015 Acts of Assembly, authority to enforce the above standard is being retained by EPA and the standard is not incorporated by reference into these regulations. A state permit may be required of certain facilities if the provisions of 9VAC5-50 and 9VAC5-80 apply. Owners should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.)
Subpart BBB - Rubber Tire Manufacturing Industry.
40 CFR 60.540 through 40 CFR 60.548
(each undertread cementing operation, each sidewall cementing operation, each tread end cementing operation, each bead cementing operation, each green tire spraying operation, each Michelin-A operation, each Michelin-B operation, and each Michelin-C automatic operation)
Subpart CCC - Reserved.
Subpart DDD - Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry.
40 CFR 60.560 through 40 CFR 60.566
(for polypropylene and polyethylene manufacturing using a continuous process that emits continuously or intermittently: all equipment used in the manufacture of these polymers. For polystyrene manufacturing using a continuous process that emits continuously: each material recovery section. For poly(ethylene terephthalate) manufacturing using a continuous process that emits continuously: each polymerization reaction section; if dimethyl terephthalate is used in the process, each material recovery section is also an affected facility; if terephthalic acid is used in the process, each raw materials preparation section is also an affected facility. For VOC emissions from equipment leaks: each group of fugitive emissions equipment within any process unit, excluding poly(ethylene terephthalate) manufacture.)
Subpart EEE - Reserved.
Subpart FFF - Flexible Vinyl and Urethane Coating and Printing.
40 CFR 60.580 through 40 CFR 60.585
(each rotogravure printing line used to print or coat flexible vinyl or urethane products)
Subpart GGG - Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced after January 4, 1983, and on or before November 7, 2006.
40 CFR 60.590 through 40 CFR 60.593
(each compressor, valve, pump pressure relief device, sampling connection system, open-ended valve or line, and flange or other connector in VOC service)
Subpart GGGa - Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced after November 7, 2006.
40 CFR 60.590a through 40 CFR 60.593a
(each compressor, valve, pump pressure relief device, sampling connection system, open-ended valve or line, and flange or other connector in VOC service)
Subpart HHH - Synthetic Fiber Production Facilities.
40 CFR 60.600 through 40 CFR 60.604
(each solvent-spun synthetic fiber process that produces more than 500 megagrams of fiber per year)
Subpart III - Volatile Organic Compound (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes.
40 CFR 60.610 through 40 CFR 60.618
(each air oxidation reactor not discharging its vent stream into a recovery system and each combination of an air oxidation reactor or two or more air oxidation reactors and the recovery system into which the vent streams are discharged)
Subpart JJJ - Petroleum Dry Cleaners.
40 CFR 60.620 through 40 CFR 60.625
(facilities located at a petroleum dry cleaning plant with a total manufacturers' rated dryer capacity equal to or greater than 84 pounds: petroleum solvent dry cleaning dryers, washers, filters, stills, and settling tanks)
Subpart KKK - Equipment Leaks of VOC from Onshore Natural Gas Processing Plants for which Construction, Reconstruction, or Modification Commenced after January 20, 1984, and on or before August 23, 2011.
40 CFR 60.630 through 40 CFR 60.636
(each compressor in VOC service or in wet gas service; each pump, pressure relief device, open-ended valve or line, valve, and flange or other connector that is in VOC service or in wet gas service, and any device or system required by this subpart)
Subpart LLL - Sulfur Dioxide Emissions from Onshore Natural Gas Processing for which Construction, Reconstruction, or Modification Commenced after January 20, 1984, and on or before August 23, 2011.
40 CFR 60.640 through 40 CFR 60.648
(facilities that process natural gas: each sweetening unit, and each sweetening unit followed by a sulfur recovery unit)
Subpart MMM - Reserved.
Subpart NNN - Volatile Organic Compound (VOC) Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations.
40 CFR 60.660 through 40 CFR 60.668
(each distillation unit not discharging its vent stream into a recovery system, each combination of a distillation unit or of two or more units and the recovery system into which their vent streams are discharged)
Subpart OOO - Nonmetallic Mineral Processing Plants.
40 CFR 60.670 through 40 CFR 60.676
(facilities in fixed or portable nonmetallic mineral processing plants: each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storage bin, enclosed truck or railcar loading station)
Subpart PPP - Wool Fiberglass Insulation Manufacturing Plants.
40 CFR 60.680 through 40 CFR 60.685
(each rotary spin wool fiberglass insulation manufacturing line)
Subpart QQQ - VOC Emissions from Petroleum Refinery Wastewater Systems.
40 CFR 60.690 through 40 CFR 60.699
(individual drain systems, oil-water separators, and aggregate facilities in petroleum refineries)
Subpart RRR - Volatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes.
40 CFR 60.700 through 40 CFR 60.708
(each reactor process not discharging its vent stream into a recovery system, each combination of a reactor process and the recovery system into which its vent stream is discharged, and each combination of two or more reactor processes and the common recovery system into which their vent streams are discharged)
Subpart SSS - Magnetic Tape Coating Facilities.
40 CFR 60.710 through 40 CFR 60.718
(each coating operation and each piece of coating mix preparation equipment)
Subpart TTT - Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines.
40 CFR 60.720 through 40 CFR 60.726
(each spray booth in which plastic parts for use in the manufacture of business machines receive prime coats, color coats, texture coats, or touch-up coats)
Subpart UUU - Calciners and Dryers in Mineral Industries.
40 CFR 60.730 through 40 CFR 60.737
(each calciner and dryer at a mineral processing plant)
Subpart VVV - Polymeric Coating of Supporting Substrates Facilities.
40 CFR 60.740 through 40 CFR 60.748
(each coating operation and any onsite coating mix preparation equipment used to prepare coatings for the polymeric coating of supporting substrates)
Subpart WWW - Municipal Solid Waste Landfills.
40 CFR 60.750 through 40 CFR 60.759
(municipal solid waste landfills for the containment of household and Resource Conservation and Recovery Act (RCRA) Subtitle D wastes)
Subpart XXX - Municipal Solid Waste Landfills that Commenced Construction, Reconstruction, or Modification After July 17, 2014
40 CFR 60.760 through 40 CFR 60.769
(municipal solid waste landfills for the containment of household and RCRA Subtitle D wastes)
Subpart AAAA - Small Municipal Waste Combustors for which Construction is Commenced after August 30, 1999, or for which Modification or Reconstruction is Commenced after June 6, 2001.
40 CFR 60.1000 through 40 CFR 60.1465
(municipal waste combustor units with a capacity less than 250 tons per day and greater than 35 tons per day of municipal solid waste or refuse-derived fuel)
Subpart BBBB - Not applicable.
Subpart CCCC - Commercial/Industrial Solid Waste Incinerators.
40 CFR 60.2000 through 40 CFR 60.2265
(an enclosed device using controlled flame combustion without energy recovery that is a distinct operating unit of any commercial or industrial facility, or an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility)
Subpart DDDD - Not applicable.
Subpart EEEE - Other Solid Waste Incineration Units for which Construction is Commenced after December 9, 2004, or for which Modification or Reconstruction is Commenced on or after June 16, 2006.
40 CFR 60.2880 through 40 CFR 60.2977
(very small municipal waste combustion units with the capacity to combust less than 35 tons per day of municipal solid waste or refuse-derived fuel, and institutional waste incineration units owned or operated by an organization having a governmental, educational, civic, or religious purpose)
Subpart FFFF - Reserved.
Subpart GGGG - Reserved.
Subpart HHHH - Reserved.
Subpart IIII - Stationary Compression Ignition Internal Combustion Engines.
40 CFR 60.4200 through 40 CFR 60.4219
(NOTE: Authority to enforce the above standard is being retained by EPA and the standard is not incorporated by reference into these regulations for any source that is not (i) a major source as defined in 9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain Sources) of Part II of 9VAC5-80.)
Subpart JJJJ - Stationary Spark Ignition Internal Combustion Engines.
40 CFR 60.4230 through 40 CFR 60.4248
(NOTE: Authority to enforce the above standard is being retained by EPA and the standard is not incorporated by reference into these regulations for any source that is not (i) a major source as defined in 9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain Sources) of Part II of 9VAC5-80.)
Subpart KKKK - Stationary Combustion Turbines.
40 CFR 60.4300 through 40 CFR 60.4420
(stationary combustion turbine with a heat input at peak load equal to or greater than 10.7 gigajoules (10 MMBtu) per hour)
Subpart LLLL - Sewage Sludge Incineration Units.
40 CFR 60.4760 through 40 CFR 60.4925
(an incineration unit combusting sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter, including the sewage sludge feed system, auxiliary fuel feed system, grate system, flue gas system, waste heat recovery equipment, and bottom ash system; and all ash handling systems connected with the bottom ash handling system)
Subpart MMMM - Reserved.
Subpart NNNN - Reserved.
Subpart OOOO - Crude Oil and Natural Gas Production, Transmission and Distribution for which Construction, Modification, or Reconstruction Commenced after August 23, 2011, and on or before September 18, 2015.
40 CFR 60.5360 through 40 CFR 60.5499
(facilities that operate gas wells, centrifugal compressors, reciprocating compressors, pneumatic controllers, and storage vessels)
Subpart OOOOa - Crude Oil and Natural Gas Facilities for which Construction, Modification, or Reconstruction Commenced after September 18, 2015.
40 CFR 60.5360a through 40 CFR 60.5499a
(facilities that operate gas wells, centrifugal compressors, reciprocating compressors, pneumatic controllers and pumps, storage vessels, and sweetening units)
Subpart PPPP - Reserved.
Subpart QQQQ - New Residential Hydronic Heaters and Forced-Air Furnaces
40 CFR 60.5472 through 40 CFR 60.5483
(NOTE: In accordance with Chapter 471 of the 2015 Acts of Assembly, authority to enforce the above standard is being retained by EPA and the standard is not incorporated by reference into these regulations. A state permit may be required of certain facilities if the provisions of 9VAC5-50 and 9VAC5-80 apply. Owners should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.)
Subpart RRRR - Reserved.
Subpart SSSS - Reserved.
Subpart TTTT - Reserved.
Appendix A - Test methods.
Appendix B - Performance specifications.
Appendix C - Determination of Emission Rate Change.
Appendix D - Required Emission Inventory Information.
Appendix E - Reserved.
Appendix F - Quality Assurance Procedures.
Appendix G - Not applicable.
Appendix H - Reserved.
Appendix I - Removable label and owner's manual.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.
Historical Notes
Derived from VR120-05-0502, eff. January 1, 1993; amended, Virginia Register Volume 12, Issue 3, eff. December 1, 1995; Volume 13, Issue 14, eff. May 1, 1997; Volume 15, Issue 12, eff. April 1, 1999; Volume 15, Issue 13, eff. April 14, 1999; Volume 18, Issue 7, eff. February 1, 2002; Volume 19, Issue 6, eff. February 1, 2003; Volume 20, Issue 16, eff. June 1, 2004; Volume 23, Issue 17, eff. June 1, 2007; Volume 24, Issue 5, eff. December 12, 2007; Volume 25, Issue 12, eff. March 18, 2009; Volume 26, Issue 8, eff. January 20, 2010; Volume 27, Issue 11, eff. March 2, 2011; Volume 28, Issue 10, eff. February 15, 2012; Volume 29, Issue 10, eff. February 13, 2013; Volume 30, Issue 10, eff. July 1, 2014; Volume 31, Issue 12, eff. March 11, 2015; Volume 31, Issue 23, eff. August 12, 2015; Volume 33, Issue 10, eff. February 22, 2017; Volume 37, Issue 4, eff. November 11, 2020.
9VAC5-50-420. Word or phrase substitutions.
In the standards designated in 9VAC5-50-410 make the following substitutions:
1. In all the standards, "board" for "administrator."
2. In all the standards, "board" for "U.S. Environmental Protection Agency" (except in references).
3. In subpart WWW, Department of Environmental Quality for state, local, or tribal agency responsible for regulating the landfill. Waste management permits are issued by the department under the authority of the Virginia Waste Management Act (Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1 of the Code of Virginia), using the procedures in Part V (9VAC20-81-400 et seq.) of 9VAC20 Chapter 81.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.
Historical Notes
Derived from VR120-05-0503, eff. January 1, 1985; amended, Virginia Register Volume 12, Issue 3, eff. December 1, 1995; Volume 15, Issue 12, eff. April 1, 1999; Volume 18, Issue 7, eff. February 1, 2002; Volume 19, Issue 6, eff. February 1, 2003; Volume 27, Issue 23, eff. August 17, 2011.
Article 6
Standards of Performance for Regulated Medical Waste Incinerators (Rule 5-6) (Repealed)
9VAC5-50-430. (Repealed.)
Article 6
Standards of Performance for Regulated Medical Waste Incinerators (Rule 5-6) (Repealed)
Historical Notes
Derived from VR120-05-0601, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-440. (Repealed.)
Historical Notes
Derived from VR120-05-0602, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-450. (Repealed.)
Historical Notes
Derived from VR120-05-0603, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-460. (Repealed.)
Historical Notes
Derived from VR120-05-0604, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-470. (Repealed.)
Historical Notes
Derived from VR120-05-0605, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-480. (Repealed.)
Historical Notes
Derived from VR120-05-0606, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-490. (Repealed.)
Historical Notes
Derived from VR120-05-0607, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-500. (Repealed.)
Historical Notes
Derived from VR120-05-0608, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-510. (Repealed.)
Historical Notes
Derived from VR120-05-0609, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-520. (Repealed.)
Historical Notes
Derived from VR120-05-0610, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-530. (Repealed.)
Historical Notes
Derived from VR120-05-0611, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-540. (Repealed.)
Historical Notes
Derived from VR120-05-0612, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-550. (Repealed.)
Historical Notes
Derived from VR120-05-0613, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-560. (Repealed.)
Historical Notes
Derived from VR120-05-0614, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-570. (Repealed.)
Historical Notes
Derived from VR120-05-0615, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-580. (Repealed.)
Historical Notes
Derived from VR120-05-0616, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-590. (Repealed.)
Historical Notes
Derived from VR120-05-0617, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-50-600. (Repealed.)
Historical Notes
Derived from VR120-05-0618, Virginia Register Volume 11, Issue 15, eff. June 1, 1995; repealed, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.